Legal effect of conditional divorce following an insult (e.g., 'O adulteress').

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 3 · Bab 2

Open in Qurani

Primary text

If the husband says, "You are divorced, O adulteress, if you enter the house," the condition reverts to the matter of divorce (talaq) and not the accusation (qadhf). The primary view holds that the condition attaches only to the divorce pronouncement.

Supporting text

Muhammad ibn al-Hasan suggests the condition applies to both the divorce and the insult in this scenario, resulting in no immediate consequence.